Kailash Gupta vs State Of Chhattisgarh

Ramesh Sinha, J

This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicant, who is apprehending his arrest in connection with Crime No.335/2024 registered at Police Station Churiya, District Rajnandgaon (C.G.) for the offence punishable under Section 75(2), 78(2) of Bharatiya Nyaya Sanhita (for short ‘BNS’).

Prosecution case in brief is that the on 14.12.2024, a written complaint lodged by the complainant at concerned police station alleging that on 10.12.2024, when the complainant was returning to her home from grocery shop at about 8 pm, the applicant followed her on motorcycle and touched her inappropriately and tried to outrage her modesty, thereafter, the offence has been registered against the applicant.

Learned counsel for the applicant would submit that the victim who is major girl because of some oblique motive has falsely implicated the applicant in the present case. He would further submit that the father of applicant owns a registered agency of Dainik Bhaskar news paper, earlier there was a dispute pertaining to encroachment of the land (government land) which is situated in front of the house of applicant at Chichola Road, Churiya, wherein Romy Bhatiya and Rajeev Bhatiya tied to encroach upon the said piece of land, as a result of which on 11.06.2023, a dispute arose between the parties and the same was also recorded, the applicant published the news of encroachment in local news paper also dated 14.06.2023, a copy of relevant portion of news paper is annexed as Annexure A/2 and video recording saved in pen drive has been marked as Annexure A/6, hence he prays for grant of anticipatory bail to the applicant.

On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that the applicant touched the complainant inappropriately and tried to outrage her modesty when she was returning from grocery shop, further the applciant is having criminal antecedents of two cases under preventive measures, therefore, the applicant is not entitled for grant of bail.

I have heard learned counsel for the parties and perused the case diary.

Considering the facts & circumstances of the case, submissions of learned counsel for the parties and nature of dispute and material available in case diary, further considering the fact that on account of previous animosity of complainant with the applicant regarding encroachment of land, the present applicant has been implicated in the case, also considering the statement of victim recorded under Section 183 of BNSS, so far as the criminal antecedents of the applicant is concerned, the applicant has only two criminal antecedents, which are under the preventive measures, as such, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicant.

Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Kailash Gupta, on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:-

(a) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court.

(b) He shall not act in any manner which will be prejudicial to fair and expeditious trial.

(c) He shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

(d) The applicant and the surety shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court.

(e) He shall not involve himself in any offence of similar nature in future.